Madras High CourtCRL OP(MD)/11637/2020dismissed

Jaheer Hussain v. The Inspector Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.11637 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.11637 of 2020 and Crl.M.P.(MD)Nos.5319 & 5196 of 2020 1.JaheerHussain 2.SabikAhamed :Petitioners/Accused Nos.1 & 2 Vs 1.The State rep by The Inspector of Police, Theppakulam Police Station, Madurai City.

(Crime No.157 of 2020) :1st Respondent / Complainant 2.Yoga LathaMangesh :2nd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.157 of 2020 on the file of the 1st respondent police and quash the same as illegal in so far as the petitioners are concerned. For Petitioners : No appearance For R1 : Ms.S.E.Veronica Vincent.

Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.157 of 2020 on the file of the 1st respondent police. 2.Today when the matter was taken up for hearing, there is no representation on behalf of the petitioners. The learned Government Advocate appearing for the first respondent submitted that already Crl.O.P.No.8208 of 2020 has been filed by the petitioners for the same relief on same set of facts. By order dated 18.08.2020, the said Criminal Original petition was dismissed by this Court. Suppressing the same, the present Criminal Original Petition has been filed.

3.Heard the learned Government Advocate (Criminal Side). https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.11637 of 2020 4.In my opinion, the present petition is an abuse of process of the Court and hence, the Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:-

1. The Inspector of Police, Theppakulam Police Station, Madurai City.

(Crime No.157 of 2020) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.11637 of 2020 and Crl.M.P.(MD)Nos.5319 & 5196 of 2020 04.11.2020 VB (19.11.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2